The appellant herein who is the second respondent before the Tribunal challenges the award passed in MCOP.No.25 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) at Villupuram.
2. In a road accident that took place on 13.12.1998, a tractor bearing Registration No.TN-F-8608 capsized, owing to which, one Lakshmanan died. He is stated to have accompanied the goods carried in the tractor. Seeking compensation of Rs.10,80,000/- on various pecuniary and non-pecuniary heads, his legal representatives had approached the Tribunal and the Tribunal has passed an award for Rs.2,71,200/- payable with interest @ 9%.
3.The learned counsel for the appellant argued that even though the deceased was claimed to have travelled along with the goods, the investigation report of the investigator made available on record as Ext.B-1 discloses that he has travelled only as an unauthorised loadman.
4. Notwithstanding the argument of the learned counsel for the appellant, perusal of the evidence on record does not indicate that the deceased had travelled as a gratuitous passenger in the tractor. Effectively there is no contra evidence to indicate that the deceased travelled as an unauthorised passenger in the tractor. Even if Ext.B-1 investigation report is perused, it does not make a statement that the deceased has travelled only as a gratuitous passenger.
5. In the result, I find no merit in the appeal and the same is dismissed without costs. The learned counsel for the appellant submitted that the entire amount has been deposited and the claimants are entitled to withdraw whatever that lies in the account with all accrued interest.
02.01.2017 ds Index : Yes/No Internet : Yes/No To:
1.The Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) Villupuram.
2.The Section Officer VR Section, High Court, Madras.
N.SESHASAYEE,J ds C.M.A.No.829 of 2004 02.01.2017 http://www.judis.nic.in